Another Five Years of Anti-dumping Duty on Emulsion PVC Resin from EU

[Customs Notification No. 70 dated 25th June 2010]

Whereas, the designated authority vide notification No.15/27/2008-DGAD, dated the 31st March, 2009, published in Part I, Section 1 of the Gazette of India, Extraordinary, dated the 1st April, 2009, had initiated review in the matter of continuation of final anti-dumping duty on Poly Vinyl Chloride Paste Resin also called as Emulsion PVC Resin (hereinafter referred to as the subject goods), falling under sub-heading 3904 22  10 of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975) (herein after referred to as the said Customs Tariff Act), originating in, or exported from European Union (hereinafter referred to as the subject country), imposed vide notification of Government of India in the Ministry of Finance (Department of Revenue), No. 104/2004–Customs, dated the 7th October ,2004, published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i), vide, number G.S.R. 659 (E), dated the 7th October ,2004, and extended by notification No. 115/2009-Customs dated 6th October,2009 published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i), vide,  number G.S.R.724  (E), dated the 6th October, 2009;

And whereas, the designated authority vide notification No. 15/27/2008-DGAD, dated the 26th April, 2010, published in Part I, Section 1 of the Gazette of India, Extraordinary, dated, the 26th April, 2010, after conducting Sunset Review had come to the conclusion that-

(i)     the subject goods were entering the Indian market at dumped prices and dumping margin of the subject goods imported from subject territory was significant and above the de-minimis limits prescribed. The subject goods continued to be exported to India at dumped prices inspite of existing anti dumping duties;

(ii)    the situation of domestic industry had deteriorated further in spite of the existing anti dumping duties. Further, should the present anti dumping duties be revoked, injury to the domestic industry was likely to continue and intensify;

(iii)   the deterioration in the performance of the domestic industry was because of dumped imports from the subject territory;

(iv)   the current level of anti dumping duty was insufficient to address the continued dumping and consequent injury to the domestic industry and thus the anti-dumping duty was required to be extended and modified;

and had recommended the continued imposition of definitive anti-dumping duty on all imports of the subject goods, originating in, or exported from the subject country;

Now, therefore, in exercise of the powers conferred by sub-section (1), read with sub-section (5) of section 9A of the said Customs Tariff Act, and rules 18 and 23 of the Customs Tariff (Identification, Assessment and Collection of Anti-dumping Duty on Dumped Articles and for Determination of Injury) Rules, 1995, the Central Government, on the basis of the aforesaid final findings of the designated authority, hereby imposes on the goods, the description of which is specified in column (3) of the Table below, falling under sub heading of the First Schedule to the said Customs Tariff Act specified in the corresponding entry in column (2), originating in the country  specified in the corresponding entry in column (4) , and produced by the producers specified in the corresponding entry in column (6), when exported from the country specified in the corresponding entry in column (5), by the exporters specified in the corresponding entry in column (7), and imported into India, an anti-dumping duty at a rate which is equal to the amount specified in the corresponding entry in column (8), in the currency specified in the corresponding entry in column (10)  and  per unit of measurement specified in the corresponding entry in column (9) of the said Table;

Table

SNo.

Sub-heading

Description of goods

Country of Origin

Country of Exports

Producer

Exporter

Duty Amount

Unit

Currency

(1)

(2)

(3)

(4)

(5)

(6)

(7)

(8)

(9)

(10)

1

3904 22 10

Poly Vinyl Chloride Paste Resin

European Union

Any

Any

Any

267.38

Per MT

US Dollar

2

3904 22 10

Poly Vinyl Chloride Paste Resin

Any

European Union 

Any

Any

267.38

Per MT

US Dollar

2.  This notification shall be effective for a period of five years (unless revoked, superseded or amended earlier) from the date of publication of this notification in the Gazette of India and the anti-dumping duty shall be paid in Indian currency.

Explanation. - For the purposes of this notification, “rate of exchange” applicable for the purposes of calculation of anti-dumping duty shall be the rate which is specified in the notification of the Government of India, in the Ministry of Finance (Department of Revenue), issued from time to time, in exercise of the powers conferred by sub-clause (i) of clause (a) of sub-section (3) of section 14 of the Customs Act, 1962 (52 of 1962) and the relevant date for determination of the “rate of exchange” shall be the date of presentation of the bill of entry under section 46 of the said Customs Act.

[F.No.354/88/2004-TRU]